CAN-SPAM Act

News & Analysis as of

Canada’s Anti-Spam Legislation (CASL) Will Impact U.S. Companies

?????Canada’s Fighting Internet and Wireless Spam Bill, better known as Canada’s Anti-Spam Legislation (CASL), was enacted in December 2010, but enforcement of the law did not commence until July 1, 2014, on Canada Day. The...more

Canada’s Anti-Spam Law – not just for Canadians

Canada’s Anti-Spam Law (CASL) enters into force on Canada Day, July 1. It was passed in 2010 as a “made-in-Canada” solution to “drive spammers out of Canada“. Are you outside Canada? It’s important to know that this...more

An American Attorney in Canada (Part 2: Anti-Spam)

If you are an American attorney with US clients doing business in Canada, then you should be aware of a few things, like our lack of imaginative legislative acronyms, such as the CAN-SPAM Act (from Controlling the Assault of...more

Marketing in a Wired World: Telemarketing, Text and E-mail Marketing

Electronic advertising is on the rise as companies seek to meet consumers where they live: online and on their cell phones. Advertising by electronic mail and text messaging can be tailored to the desired market segment....more

Look North, Marketers – Canadian Anti-Spam Law is Coming

The US CAN-SPAM Act is old hat for marketers in the US. But it is time to revisit email marketing compliance programs if you send email north of the US border. Canada’s anti-spam law (known as “CASL”) has been debated for...more

Privacy Monday – January 13, 2014

These are busy times in the data privacy/security world. If Misery Loves Company, Target Has Friends - Target was not the only target of data thieves this holiday season. Reports over the weekend revealed that...more

FFIEC Issues Social Media Guidance: Social Media Channels Present Privacy Compliance Challenges

If you are using social media to attract and interact with customers, you should review the recent supervisory guidance from the Federal Financial Institutions Examination Council (FFIEC). The guidance, titled “Social Media:...more

New Advisory on Canadian Anti-Spam Law That Covers Commercial Emails and Texts to Canada, Computer Program and Software Downloads,...

Be sure to spend some time with our recent advisory on Canada’s Anti-Spam Law (CASL), now that compliance dates for rules governing commercial electronic messages (CEMs), software downloads, and related conduct have been set...more

Social Media: Consumer Compliance Risk Management Guidance

On December 11, 2013, the Federal Financial Institutions Examination Council (FFIEC) released final guidance (“Guidance”) on the applicability of consumer protection and compliance laws, regulations, and policies to...more

Legal concepts every social media marketer should know: Part II -- Rules of the road for online advertising

As long as we have sold stuff, we’ve used images or stories to help sell them. As Calvin Coolidge of all people once said in one of his rare Don Draper moments - “Advertising ministers to the spiritual side of...more

Attack of the Killer Initiative?: Opt-in Privacy Regime on Deck for a California Ballot Initiative

On July 17th, former California State Senator Steve Peace (director of the film, “Attack of the Killer Tomatoes”) and trial lawyer Michael Thorsnes filed a potentially revolutionary draft ballot initiative with the California...more

Court Dismisses Foreign Banks from U.S. Lawsuit Alleging Complicity in Counterfeit and Illegal Online Drug Sales

The fight against sophisticated online schemes to sell counterfeit or otherwise illegal goods is being waged by increasingly focused efforts to identify responsible parties that may be sued in U.S. courts, and whose assets...more

Spam Smart Tip: Who’s Your Family?

Sometimes legislative or regulatory definitions create ambiguity rather than clarity. The definition of “family relationship” in the draft Industry Canada regulations regarding Canada’s Anti-Spam Legislation (CASL) is a case...more

UK Cookie Enforcement Report: Relevant to Canada

On December 18, 2012, the UK Information Commissioners’ Office (ICO) issued an enforcement report on compliance with the rules regarding obtaining consent to the use of cookies and similar technologies....more

UK Cookie Enforcement Report: Relevant To Canada

On December 18, 2012, the UK Information Commissioners’ Office (ICO) issued an enforcement report on compliance with the rules regarding obtaining consent to the use of cookies and similar technologies....more

Telemarketing, E-mail, and Text Message Marketing: Tips to Avoid Lawsuits

In this presentation: - E-mail marketing: the CAN-SPAM Act, California Business & Professions Code, Other State Laws - Telephone Consumer Protection Act (“TCPA”) - Telemarketing Sales Rule (the...more

Lead Generation through Mobile Marketing: Legal and Regulatory Realities

A recent enforcement action taken by the Federal Trade Commission (“FTC”) to shut down a marketer using text messages highlights the need to be mindful of the law and regulations that govern mobile marketing. On February,...more

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